Has anyone dealt with something like this? I'm not sure what my options are.
postnup after infidelity. I've been dealing with this for about 8 weeks now and the situation isn't improving.
I have already done some research online but got conflicting advice.
Do I have a strong case? What should my next steps be?
Following this thread — I'm in a very similar situation. Would love to hear how it turns out.
Been there. Here's what I learned.
I ended up having everything documented, which cost about $3-6 but saved me a lot more in the long run.
Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.
I specialize in this area of law. Here's my take on the legal issues.
The legal framework here involves both federal and state law. At the federal level, the relevant statute. Your state may provide additional protections.
I'd recommend documenting everything in writing from this point forward. Keep copies of all communications.
NAL, but from what I've read, you should document everything. That said, definitely get a lawyer to look at the specifics.
Been there. Here's what I learned.
I ended up filing with the appropriate government agency, which cost about $4-8 but saved me a lot more in the long run.
Following this thread — I'm in a very similar situation. Would love to hear how it turns out.
Not a lawyer, but I have direct experience with this.
The biggest mistake people make in this situation is hiring an attorney to send the initial letter. I'd recommend being patient with the process instead.
I went through almost the exact same thing.
The biggest mistake people make in this situation is filing with the appropriate government agency. I'd recommend gathering evidence first instead.
Not a lawyer, but I have direct experience with this.
In my case, it took about 1-3 months to resolve. The key was escalating to a supervisor/manager.
Been there. Here's what I learned.
I ended up escalating to a supervisor/manager, which cost about $1-3 but saved me a lot more in the long run.
Been there. Here's what I learned.
In my case, it took about 4-8 months to resolve. The key was filing with the appropriate government agency.
I went through almost the exact same thing.
In my case, it took about 4-8 months to resolve. The key was filing with the appropriate government agency.
I've seen this play out several times in my field.
The biggest mistake people make in this situation is filing with the appropriate government agency. I'd recommend gathering evidence first instead.
Not a lawyer, but I have direct experience with this.
The biggest mistake people make in this situation is filing with the appropriate government agency. I'd recommend gathering evidence first instead.
I've dealt with this before.
The biggest mistake people make in this situation is filing with the appropriate government agency. I'd recommend gathering evidence first instead.
Been there. Here's what I learned.
What worked for me was hiring an attorney to send the initial letter. It took 2-4 months but was worth it.
I went through almost the exact same thing.
I ended up filing with the appropriate government agency, which cost about $4-8 but saved me a lot more in the long run.
Family law attorney practicing in Texas for 14 years. Postnuptial agreements after infidelity are one of the most common requests I receive, and they can be effective tools for rebuilding trust -- but they must be drafted carefully to be enforceable.
In Texas, postnuptial agreements are governed by the Texas Family Code Section 4.105, and the enforceability standards are actually stricter than for prenups. Key requirements include:
Regarding the infidelity component specifically: Texas is one of the states where fault can be considered in property division during divorce. Under Family Code Section 7.001, a court can consider adultery when making a just and right division of community property. A well-drafted postnup can establish specific consequences for future infidelity, such as a predetermined property split favoring the faithful spouse.
However, I want to flag a common pitfall: infidelity clauses that are punitive rather than compensatory may be challenged as unenforceable. Courts have struck down provisions that would leave the cheating spouse with nothing, viewing them as penalties rather than fair adjustments. A better approach is to establish a specific percentage split (such as 60/40 or 65/35) rather than an all-or-nothing clause.
From a practical standpoint, I always recommend that the postnup also address the emotional side of things -- require couples counseling, establish transparency expectations for finances and communications, and include a review clause where both parties revisit the agreement after 2-3 years. This signals to a court that the agreement was part of a genuine effort to repair the marriage, not a coerced punishment.